14 TH PRINCIPALS MEETING OF SEA-PAC SINGAPORE 29 – 31 OCTOBER 2018 Fostering a culture of “zero -tolerance towards corruption” through engagement and partnership with stakeholders : The MACC Experience Dato ’ Shamshun Baharin B. Mohd Jamil Deputy Chief Commissioner (Prevention) Malaysian Anti-Corruption Commission
SCOPE OF PRESENTATION Who are our stakeholders? Why is stakeholder engagement important in anti-corruption strategy? Example of engagement with stakeholders
STAKEHOLDERS 1 Government Private Sector 2 Education Institution 3 Non-Governmental Organisation 4 5 Community
1 Fighting corruption is a collective responsibility of all sectors Stakeholder engagement is an integral function of the MACC 2 Sections 7 (c), (d), (e), (f) and (g) of the MACC Act 2009 (Act 694) Chapter II of UNCAC corruption 3 preventive measures - require the involvement of others
to examine the practices, systems and procedures of public bodies in (c) order to facilitate the discovery of offences under this Act and to secure the revision of such practices, systems or procedures as in the opinion of the Chief Commissioner may be conducive to corruption; (d) to instruct, advise and assist any person , on the latter’s request, on ways in which corruption may be eliminated by such person; to advise heads of public bodies of any changes in practices, systems or procedures compatible (e) with the effective discharge of the duties of the public bodies as the Chief Commissioner thinks necessary to reduce the likelihood of the occurrence of corruption; (f) to educate the public against corruption; and to enlist and foster public support against (g) corruption.
5 Preventive anti-corruption Public reporting 10 policies & practices Preventive anti- 6 Measures relating to 11 corruption the judiciary and body/bodies prosecution services 21 GOVERNMENT 7 12 Public Sector Private Sector 3 NGOs Code of conduct Participation 8 for public of 13 officials Society Measures to Public procurement 9 prevent & mgmt. of public 14 money-laundering finances
Example of Engagement with stakeholders Government 1 2 Private Sector 3 Education Institution 4 NGO
PROGRAMS 446 2018 GOVERNMENT 29 84 NGO COMMUNITY 72 34 EDUCATION PRIVATE INSTITUTION
ENGAGEMENT WITH GOVERNMENT Special Cabinet Committee on Anti- Corruption (JKKMAR) Committee on Anti-Corruption (JAR ) National Centre for Governance, Integrity and Anti-Corruption (GIACC)
JKKMAR & JAR Special Cabinet Committee on Anti-Corruption (JKKMAR) Committee on Anti-Corruption (JAR) National (JAR) (JAR) Ministry, Dept. State Govt. & Federal Agencies / State
Special Cabinet Committee on Anti- Corruption (JKKMAR) Chair – Hon. Prime Minister Meeting: Triannual (Mac, July & November) Membership: Federal Ministers appointed by PM, Chief Secretary to Govt., Secretary General of Treasury, Attorney General, Auditor General, Director General of GIACC, Chief Commissioner of MACC, all Secretary General of Federal Ministries Role & Responsibility: Consider and determine policies relating to the strengthening of governance, integrity and anti-corruption within the Government's administrative management system. Monitor and evaluate the effectiveness of the implementation and effectiveness of policies, laws, regulations and system procedures to strengthening governance, integrity and anti-corruption within the Government's administrative management system; and Consider and approve proposals submitted by the members of JKKMAR and JAR - National Level on the implementation of initiatives and action plans
Committee on Anti-Corruption (JAR) Chair – Chief Secretary to Govt. Meeting: Triannual (January, May & September) Membership: Director General of Public Service , Secretary General of Treasury, Attorney General, Auditor General, Director General of GIACC, Chief Commissioner of MACC, all Secretary General of Federal Ministries, all State Secretary Role & Responsibility: Determine the high-impact issues across agencies and recommend solutions and improvement to JKKMAR; Recommend remedial measures and recommendations to JKKMAR; Identify, analyze and design preventive measures to address governance, integrity and anti-corruption issues; and Identify issues of governance, integrity and anti-corruption weaknesses based on audit reports, rating reports or any relevant reports.
National Centre for Governance, Integrity and Anti-Corruption (GIACC) AIM set up in May 2018 - to coordinate and monitor all activities related to Headed by : Director governance, integrity and anti- General: former MACC corruption activities in the Chief Commissioner country RESPONSIBLE - responsible for planning, formulating strategies and evaluating policies in ensuring that all government affairs are implemented on good governance, integrity and zero- tolerance towards corruption.
ENGAGEMENT WITH PRIVATE SECTOR 1 Corruption Free Pledge (IBR) 2 Corporate Integrity Pledge (CIP2.0) 3 Corporate Liability (CL) 4 Anti-bribery Management System (ABMS)
Corruption Free Pledge (IBR) 1 2 4 3 Pledge by Witnessed Taking oath to Signing an individual by never engage the pledge MACC in corruption document activities
96 Statutory 202 53 Private Sector Body GLC 236 46 NGO State Govt. IBR 590 25 Department Foundation 47 24 TOTAL 1300 Higher Learning/Edu. Inst. Ministry
CORRUPTION-FREE PLEDGE (IBR) I, ………………………………………………….. NRIC No. ……………………………………………………….., hereby solemnly and sincerely pledge the following throughout my service with the (name of organisation),: I. I shall fully abide by the nation’s law, rules, procedures and policies on corruption prevention and abuse of power; I. I shall abhor and reject all forms of corruption and abuse of power, and shall give my full cooperation to the Malaysian Anti-Corruption Commission in preventing corruption and abuse of power; I. I shall not indulge in any form corruption and abuse of power either directly or indirectly, with any party dealing with the (name of organisation); I. I shall ensure that my subordinates shall not indulge in any act of corruption and abuse of power in any dealings concerning the (name of organisation); I. I shall instantly report any form of corruption and abuse of power either involving me or my subordinates, to the Malaysian Anti-Corruption Commission. Signature : ……………………………………………………….. Name : ……………………………………………………….. NRIC No. : ……………………………………………………….. Designation : ……………………………………………………….. Date : ……………………………………………………….. Witnessed by: Signature : ……………………………………………………….. Name : ……………………………………………………….. NRIC No. : ……………………………………………………….. Designation : ……………………………………………………….. Date : ………………………………………………………..
CORPORATE INTEGRITY PLEDGE (CIPV2.0) Voluntary commitment - to make a unilateral declaration against corrupt practices Target group – companies in Malaysia PROCESS 7 INITIATIVES 1.Leadership 1.Get Information on CIP2.0 2.Anti-corruption Policies 2.Signing the pledge 3.Corruption Risk Management 3.Registration CIP2.0 4.Training & Communication 4. Review & Monitor 5.Performance Evaluation 5. Event CIP2.0 (recognition) 6.Anti-corruption Reporting 7.Code of Ethics
Corporate Liability (CL) – MACC Amendment Act 2018 Corporate Liability for corruption offences. Gazetted on 4 March 2018, will be enforced in two years’ time (2020) Section 17A MACC Act: “a commercial organisation commits an offence if any person associated with the commercial organisation commits a corrupt act in order to obtain or retain business or advantage for the commercial organisation” . Penalties a)A maximum fine of 10 times the sum of gratification involved, or RM1 million, whichever is higher; b)A maximum jail term of 20 years; or c)Both penalties of the fine and jail term.
ANTI-BRIBERY MANAGEMENT SYSTEM ABMS MS ISO: 37001: 2016 Guiding and assisting organizations in implementing and improving their anti-bribery management system. Flexible and can be adapted to a wide range of organizations, including: Public & Private Sectors Large organizations NGOs SMEs 10 SCOPE of MS ISO 37001: Anti Bribery Management System 1 Scope 5 Leadership 8 Operations 2 Normative Reference 6 Planning Performance 9 evaluation 3 Terms and definitions 7 Support 10 4 Context of the organisation Improvement
ANTI-BRIBERY MANAGEMENT SYSTEM MS ISO: 37001: 2016 Regulator & Scheme Owner of Accreditor Accreditation Programs ISO 37001 Certified Organizations Training, Certification Consultation & & Advisory Auditing Services
ENGAGEMENT WITH EDUCATION INSTITUTIONS 1 Anti-Corruption Students Force (AMAR) 2 Anti-Corruption Heroes (WAR)
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